HomeMy WebLinkAbout1988-10-17 - City Commission Special Meeting Minutesti 0� T 4
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7525 NORTHWEST 88TH AVENUE TAMARAC, FLORIDA 33321-2401
TELEPHONE (305) 722-5900
OCTOBER 14, 1988
RECORD OF COUNCIL ACTIONS/DISCUSSIONS
SPECIAL MEETING
CITY COUNCIL OF TAMARAC, FLORIDA
There will be a Special Meeting of the City Council on
Monday, October 17, 1988, at 2:30 P.M., in City Hall, 7525
N.W. 88th Avenue, Tamarac, in Conference Room #1.
The purpose of this meeting is to discuss the agenda item
regarding the partial release of retainage in the amount of
$354,243.00 to James A. Cummings, Inc. for the construction
of the Tamarac Municipal Complex, City Hall Building.
FINAL ACTION:
APPROVED partial release of retainage in the amount of
$289,243.00 to James A. Cummings, Inc.
All meetings are open to the public.
CAROL A. EVANS
CITY CLERK
Pursuant to Section 286.0105, Plorida Statutes
If a person decides to appeal any decision made by the city
Council with respect to any matter considered at such meeting or
hearing, he will need a record of the proceedings and for such
pt+.rpose, he may need to ensure that a verbatim record includes
6 testimony and evidence upon which the appeal is to be based
AN EQUAL OPPORTUNITY EMPLOYER
POLICY OF NONDISCRIMINATION ON THE BASIS OF HANDICAPPED STATUS
CITY OF TAMARAC
CITY COUNCIL SPECIAL MEETING
MONDAY, OCTOBER 17, 1988
TAPE 1
CALL TO ORDER: Mayor Abramowitz called this meeting to Order on
Monday, October 17, 1988 at 2:35 P.M. in Conference Room #1 (City
Clerk's Office) .
PRESENT:
Mayor Norman Abramowitz
Vice Mayor Jack Stelzer
Councilman Dr. H. Larry Bender
Councilman Bruce Hoffman
Councilman Henry Rohr
ALSO PRESENT:
John P. Kelly, City Manager
Patricia Marcurio, City Clerk's
Office Manager
DISCUSSION of the partial release of
retainage in the amount of $354,243.00 to James A. Cummings,
Inc.
SYNOPSIS OF ACTION:
APPROVED tT a release of $289,243.00.
Mayor Abramowitz said there was general dissatisfaction
regarding the workmanship in the Municipal Complex. He
said before the final payment was made, the City Council
requested that the City Manager pose the questions and
get the answers to these deficiencies.
City Manager Kelly said the City Hall project was
generally completed and the contract for the work by
James A. Cummings, Inc., encompassed some of the work on
City Hall. He said there was a balance of approximately
$700,000.00 in work needed for the City Hall such as
landscaping and the work needed was separate from the
contract with James A. Cummings, Inc.
City Manager Kelly said the contract provisions required
the City to release retainage towards completion
providing the City was satisfied. He said the money had
to be released by approval by the City Council only and
until the Construction Manager, Keith Emery, and staff
assured the City Council that the project was complete,
the money would not be released.
City Manager Kelly said he discussed the concerns of the
project with Mr. Emery. He said the Public Works
Department was concerned with the Air Conditioning
warranties and operating manuals and these matters have
been addressed to the City's satisfaction. He said Mr.
Emery maintained most of these Items; however, the
manuals have not been given to the Public Works
Department because Mr. Emery was reviewing them.
City Manager Kelly said the communication system with the
Police Station (Annunciated System) did not involve James
A. Cummings, Inc. and this could not be addressed at this
time.
Page 1
10/17/88
City Manager Kelly said finalized drawings would be given
to the Building, Engineering, Public Works and Fire
Departments as they are completed.
City Manager Kelly said the City Council should address
the deficiencies with Mr. Emery at this time.
Mayor Abramowitz said he wanted to know about the
deficiencies and how the staff could be comfortable
without a punch list. He said the City had to depend on
staff and until a punch list was available, he could not
be happy with approving release of the money.
C/M Hoffman asked how much monies were being held against
the sub --contracting work and Keith Emery, President of
Construction Management, Inc., said there were several
Items concerning sub -contractors. He said the monies
were being held because they were under a one-year
warranty and he held back approximately 10%.
Mr. Emery said everything done on this project was
documented to Bob Jahn, previous Chief Building Official.
He said in addition to the monies there was a punch
list. He said six weeks ago, there was a walk through
inspection which took approximately six weeks.
Mayor Abramowitz asked who did the inspection and Mr.
Emery said he, his staff, the architect and the general
contractor. Mayor Abramowitz asked if the City's staff
was involved and Mr. Emery replied, no.
Mr. Emery said when the inspection was done, the punch
list was checked as to what was completed and not
completed. He said approximately 90% of the Punch List
was completed and the percentage remaining was discussed
with the architect and general contractor. He said an
estimate of the work needing correction or completion was
determined and the amount involved was approximately
$10,000.00.
Mr. Emery said the contract indicated that the owners
were obligated to pay the general contractor a portion of
the retainage predicated upon how much was left to
complete; however, the owner should not hold more than
three times the cost of work that was to be completed.
Mr. Emery said after the release of $354,243.00, there
would be approximately $85,000.00 remaining. He said the
contract indicated that the balance would not be paid
until every item was completed including the
documentations and until the City was satisfied. He said
$354,243.00 should be released legally as to the contract
and he recommended the money be released.
C/M Hoffman asked if the air conditioning was part of the
monies being released and Mr. Emery said the air
conditioning system was supplied and installed as per the
contract document; however, there have been problems with
the manufacturer's equipment.
Mr. Emery said the manufacturer has recognized these
problems and they would have the matter corrected. He
said there was nothing wrong with the system except for
the air handler system for only one quadrant. He said he
would be holding back monies until this matter is
corrected.
Page 2
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10/17/88
Mayor Abramowitz asked if there were special work orders
to be paid out of the balance of the monies and Mr. Emery
said there were some Change Order monies involved which
were credits and debits to the City.
Mr. Emery said by the time these matters are completed,
the balance would be approximately $80,000.00.
Mayor Abramowitz asked if there was a problem with
sinkage in the parking lot and Mr. Emery said he was not
aware of this being a problem.
Mayor Abramowitz asked what type of air conditioning
system was specified and Mr. Emery said the system
specified was Bone Equipment which was installed in the
Building.
Mayor Abramowitz asked if there was a change and Mr.
Emery said the manufacturer was changed. Mayor
Abramowitz said he understood that the type of equipment
in the specifications was changed and Mr. Emery said the
equipment was changed 3 years ago before the documents
were changed and before he took over the project.
Mayor Abramowitz asked if there was a difference in price
as budgeted and Mr. Emery said when he took over the
project, nothing was budgeted. Mayor Abramowitz said the
original system was supposed to be $280,000.00 and then
equipment was purchased for $195,000.00. Mr. Emery said
the original contract was the cost of the equipment.
Mayor Abramowitz said the landscaping was not included in
the retainage and Mr. Emery said there were some areas
done by the general contractor; however, a lot of the
areas were done separately to save the City 30%.
Mayor Abramowitz asked what areas were the general
contractor's responsibility and Mr. Emery said the plants
and shrubbery in the front.
Mayor Abramowitz asked how much money was involved in the
general contractor's responsibility for landscaping and
Mr. Emery replied, $75,000.00. Mr. Emery said planting
was not involved. He said ground covering shrubbery,
sod, etc.
C/M Rohr asked if the sprinkler system was the general
contractor's responsibility and Mr. Emery replied, yes.
C/M Rohr asked if the sprinkler system was included in
the $75,000.00 and Mr. Emery replied that the sprinkler
system was a separate matter. Mr. Emery said the
planting system was approved by the City's Building
Department.
Mayor Abramowitz asked if staff approved the landscaping
and Mr. Emery replied, yes. Mayor Abramowitz said the
planting around the building was never appropriate and
Mr. Emery said this matter concerned the architect, not
the general contractor. He said the plants installed
were specified in the plans by the architect.
C/M Hoffman asked if dead plants were specified and Mr.
Emery said if the plants died within one year, it was
warranted and would be replaced. He said many have been
replaced and more would be replaced. He said the project
was bonded from the time of substantial completion for
one year.
Page 3
10/17/88
Mayor Abramowitz asked who determined in the
specifications what the quality of the plants were and
Mr. Emery said the architect would make the determination
during the final inspection.
Mayor Abramowitz said he would be very embarrassed if
staff approved the landscaping. He said the landscaping
was horrible and he understood that the landscaping was
not approved. He said he was the first one to give a
Person the money if the job was completed; however, he
would like to know who was responsible and who was
holding the money.
Mayor Abramowitz said this matter had nothing to do with
Mr. Emery personally. He said Mr. Emery worked for the
City/City Council and if the City Council was
dissatisfied, Mr. Emery had to work very hard to satisfy
them. He said he was confused with who was responsible
for the work. He said James A. Cummings, Inc., was the
primary contractor who planted the landscaping and it was
not appropriate for the amount paid for the plants and
work.
Mr. Emery said if plants were dying they would be
replaced; however, the contractor could only plant what
was designed. He said he worked for the City 210% and
Mayor Abramowitz said he was aware of this.
Mr. Emery said he has had several disagreements with the
general contractor for approximately 3 years on behalf of
the City. He said he would not advise the City to do
anything if it was not in the best interest of the City.
He said the contractor was only responsible for planting
what was specified,
Mayor Abramowitz asked if the architects were responsible
for specifying the plants and Mr. Emery said yes. Mayor
Abramowitz suggested that negotiations take place with
the architects because the landscaping was inappropriate.
Mr. Emery said he agreed with Mayor Abramowitz's concern;
however, the general contractor was paid to place the
specified landscaping around the Municipal Complex.
Mayor Abramowitz said he would not vote to give the
general contractor the money until the City Manager
brought in an expert to judge the quality of planting.
He asked if the City paid for number' one quality and Mr.
Emery said the City paid for the design in the
specifications.
Mayor Abramowitz asked what type of quality was planted
and Mr. Emery said on a scale of 1 to 10, the City
received a 5. Mayor Abramowitz asked if the architect
designated minimum or top quality plants and Mr. Emery
said middle quality was specified.
Mayor Abramowitz asked what the specifications indicated
and Mr. Emery said the program did not indicate the type
of plants to install. Mayor Abramowitz asked how much
money the City spent for the plants and Mr. Emery said
the City paid for middle quality.
Mayor Abramowitz said he would not vote for this matter
until he received the invoices and until the City Council
was satisfied with what they were paying for. He said
Page 4
10/17/88
the City needed to resolve this matter with whoever was
responsible and the City should not pay any money until
it is resolved.
Mayor Abramowitz said the City had a building that would
probably win an architectural award surrounded by junk.
Mr. Emery said he agreed with the City Council's concern;
however, he did not agree with the City placing the blame
on the general contractor and withholding his money.
Mayor Abramowitz asked Mr. Emery if he paid his bills
without knowing what he was paying for and Mr. Emery
replied, no.
Mayor Abramowitz said he was the first person to
recommend Mr. Emery to other people; however, there
seemed to be something wrong with this matter.
Mr. Emery said when he and the City Manager took over the
project, the project was disgraceful.
Mayor Abramowitz said he was not faulting Mr. Emery and
he asked that Mr. Emery not take this matter personally.
He said the general contractor was entitled to the money;
however, he was not going to have $75,000.00 worth of
landscaping that was junk while holding only $85,000.00.
He said there have been comments regarding a million
dollar bond and Mr. Emery said the City had a 4.5 million
dollar bond.
Mayor Abramowitz said he did not want to fight the
bonding company because it would be disgraceful in legal
fees. Mr. Emery said if the City Council approved
paymment of $354,243.00 to the general contractor, which
he recommended be paid, and the contractor walked away,
he guaranteed that the defected matter would be corrected
with having $60,000.00 remaining.
Mayor Abramowitz said he wanted the record to indicate
that he was not in favor of paying the general contractor
the money. He said if the general contractor needed the
money, he would not object to giving some of the money;
however, he was informed that the parking lot was
sinking. He said Mr. Emery indicated that he was not
aware of the problem. He said when everything is
completed and paid for, the City Council would be
responsible and he was unhappy with the work and would
vote to deny the payment.
Mr. Emery said the City Council's unhappiness was valid;
however, it was not valid to tell the general contractor
that he could not get paid for something that was
specified in the plans.
Mayor Abramowitz asked Mr. Emery if he made mistakes and
Mr. Emery said all of the time and this was how he
learned. Mayor Abramowitz said he did not want Mr. Emery
to make a mistake on this matter. He said he did not
want to deny the general contractor the money; however,
he was unhappy with the balance. He said he would
recommend that the City Council pay the general
contractor some of the money.
Mayor Abramowitz asked how much the contract was for the
general contractor and Mr. Emery said the contract was
approximately 4.3 million. Mayor Abramowitz asked how
much percentage was against the contractor.
Page 5
10/17/88
Mr. Emery said there were some legal ramifications in the
contract and he was trying to avoid the City from getting
sued. He said he knows the legal ramifications in
construction which was why he was trying to guide the
City. He said if the general contractor did not do the
work according to the specifications and plans, this
matter would be moot; however, the general contractor did
what was supposed to be done and the City could not use
it as a criteria for not paying the general contractor.
Mayor Abramowitz said the general contractor and Mr.
Emery indicate that the matter was not the general
contractors problem; however, he wanted to look at the
contract again.
Mr. Emery said the contract did not specify the plans.
He said the contract was drafted and signed before he
took over the job; however, the contract gave the
architect the right to design the building as per the
program. He said the program did not indicate the type
of plants in the matter.
Mr. Emery said the architect goes to the necessary
authorities while designing for approval. Mayor
Abramowitz said the Departments have expressed their
disapproval from the first day the City moved into the
building.
Mr. Emery said he understood this; however, the general
contractor was not responsible.
City Manager Kelly said he did not approve of the
landscaping; however, the Planning Department has
informed him that the landscaping was according to
specifications. He said the general contractor was not
responsible for the outcome, he was only responsible for
doing what he was told. He said it was like an
electrician placing a wire in an area in which it was
supposed to be placed and the recipient was not satisfied
with the wire because it was not doing what the recipient
thought it would do.
Mayor Abramowitz said there was a difference because
someone had to designate the quality of landscaping. He
asked if the plants could be bought at Kmart, planted and
considered meeting specifications.
Mr. Emery said when the plans were designed, they went
through the different Departments for approval.
Mayor Abramowitz said if the Departments approved rose
bushes, were the rose bushes were bought at a low or high
cost and Mr. Emery said the generic terms and conditions
were specified on the plans. Mayor Abramowitz asked if
the quality was specified and Mr. Emery said the generic
and botanical description of each plant was specified on
the plans. He said the plans dictated the quality.
Mr. Emery said the Planning Department reviewed the
specifications and the general contractor has done what
was supposed to be done. He said if the architect
specified a low quality plant, it was not the general
contractor's fault.
C/M Hoffman said he wanted to withhold $150,000.00 as
opposed to $85,000.00. He asked if the general
contractor would accept this.
Page 6
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1
TAPE 2
1
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Mr. Emery said as per the contract and the estimation,
the amount to be withheld exceeded what it should be.
C/M Hoffman said if the City exceeded the balance now,
they could go higher.
Mayor Abramowitz said Mr. Emery was taking this
personally and the City Council was not doing this. Mr.
Emery said he was concerned with being sued and Mayor
Abramowitz said he did not want to be sued either.
C/M Hoffman asked if Mr. Emery was concerned with the
City being sued or of suit being made against Mr. Emery
and Mr. Emery said if the City was sued, he would be sued
as well.
C/M Bender said at the north end of the parking lot there
were dead trees and he asked the people who withdrew
those trees if there was a reason for the death of the
trees. He said he was informed that the area had a lot
of water which caused root rot. He said new trees were
planted and they also died. He asked who was responsible
for placing the proper tree in the area that would grow.
Mr. Emery said the area did not involve the general
contractor. He said that area was handled by a separate
sub -contractor. He said this matter was being reviewed
until a tree that would grow in the area was found.
C/M Rohr said he understands that the general contractor
was not to blame for the type of landscaping planted;
however, he did not feel that $354,243.00 should be given
until the matter is resolved.
V/M Stelzer asked why $85,000.00 was being retained from
the general contractor if the landscaping was
subcontracted with someone different. Mr. Emery said
the general contractor did some of the landscaping.
V/M Stelzer said 10% was being withheld for the air
conditioning; however, there were several problems with
the system.
Mr. Emery said the Punch List was checked and an estimate
was determined in the amount of approximately $10,000.00.
He said by the contract $30,000.00 should be held back;
however, he was requiring $85,000.00 be withheld. He
said the City Council should not be uncomfortable because
there was not $85,000.00 worth of work to be completed.
V/M Stelzer asked if the audio visual equipment was
working and City Manager Kelly replied, yes.
Mayor Abramowitz said there was a problem in the Council
Chambers with distortion in the microphones.
Mr. Emery said this matter was a problem because of the
extension of the mikes and the sound has to be
readjusted. He said this matter would be corrected very
soon.
C/M Hoffman asked Mr. Emery if he was comfortable with
withholding $85,000.00 and Mr. Emery replied, absolutely.
C/M Hoffman said he would be comfortable in withholding
$150,000.00 and, if the general contractor felt that the
money could be returned faster through a lawsuit, that
was the general contractor's decision.
Page 7
10/17/88
Mr. Emery said the work has been estimated and there was
not $85,000.00 worth of work to left to do. C/M Hoffman
said in another month the City Council may be more
comfortable in returning the money.
Mayor Abramowitz said within the next week, he would like
to receive documentation from staff regarding the
problems. He asked if there was a problem with the
parking lot sinking.
Bob Foy, Director of Utilities/Engineering, said there
was a problem; however, he was not aware of the matter
until he recently made a telephone call. He said when
the building was signed off, there was no problem,
however, there are puddles being noticed and the bullrush
has to be corrected.
Mr. Emery said if he was informed of these matters, he
would see that they are corrected. He said the general
contractor was visiting the City daily; however, if the
sub -contractors were not getting paid, they would not be
doing their job.
Mayor Abramowitz said he understands Mr. Emery's concern;
however, for the benefit of the City and Mr. Emery, he
could not vote to give the general contractor
$354,243.00.
City Manager Kelly said staff has seen Punch Lists and
participated in the inspections such as lighting,
electrical and air conditioning. He said Bob Jahn went
with Mr. Emery on Punch List inspections and all of the
Departments were asked to provide individual Punch Lists
and wish lists their Departments. He said the Punch
Lists were submitted and the wish lists were addressed as
much as possible.
City Manager Kelly said the general contractor wanted the
money and the additional work needed would be done. He
said the general contractor may claim that all of the
work was completed and the City was withholding money.
Mayor Abramowitz said there are a lot of problems that
staff and Mr. Emery were not aware of and, until he
received staff's approval by signing off on the
documents, he could not be satisfied with returning the
money to the general contractor.
City Manager Kelly said during the release of the final
retainage, the
staff would make their final signature to
assure that the work
was properly done and inspected.
Mr. Emery suggested that the City Council withhold
$125,000.00 if they were not comfortable with $85,000.00.
V/M Stelzer suggested the general contractor be given
$250,000.00
as opposed to $354,234.00 and Mr. Emery said
if he held back this much
money, the remaining of the
work would not be done in 30 days, it may
not be
completed for 6 months.
C/M Hoffman MOVED to WITHHOLD $150,000.00 from the retainage
for James
A. Cummings, Inc.
Mr. Emery said he would feel more comfortable in the
interest of the City if they
released $300,000.00 to
James A. Cummings, Inc. He said this would leave
$130,000.00 as a balance.
Page 8
10/17/88
1
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d
* C/M Hoffman AMENDED his MOTION to release $289,243.00
* retainage to James A. Cummings, Inc., SECONDED by C/M Rohr.
VOTE:
ALL VOTED AYE
City Manager Kelly asked what the City Council wanted the
general contractor to do.
C/M Hoffman said in a matter of 2 weeks, staff would
review the project and report back to the City Manager on
what the general contractor should do.
Mayor Abramowitz said he would like to find out if the
City got what they paid for in the landscaping. He said
he wanted staff to know that when they signoff on the
documents stating their approval, they are responsible
for the work completed.
Mr. Emery asked if the money could be drawn through the
Finance Department within 24 hours and Mayor Abramowitz
said this matter should be discussed with the City
Manager.
With no further business, Mayor Abramowitz ADJOURNED this
meeting at 3:30 P.M.
N MAN ABRAMOWITZ, MAYOR
CAROL A. EVANS, CITY CLERK'
"This public document was promulgated at a cost of $112.40 or $3.12 per
copy to inform the general public, public officers and employees of
recent opinions and considerations of the City Council of the City of
Tamarac."
Page 9
CITY OF TAMARAC /
APPR VED AT MEETING OF
City Clerk